Common use of Special Requirements Related to Border Measures Clause in Contracts

Special Requirements Related to Border Measures. 6 For greater certainty, each Party may determine that reception includes viewing of the signal, whether private or commercial. 1. Each Party shall provide that any right holder initiating procedures for its competent authorities to suspend release of suspected counterfeit or confusingly similar trademark goods, or pirated copyright goods7, into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws of the country of importation, there is prima facie an infringement of the right holder's intellectual property right and to supply sufficient information that may reasonably be expected to be within the right holder's knowledge to make the suspected goods reasonably recognizable by its competent authorities. The requirement to provide sufficient information shall not unreasonably deter recourse to these procedures. 2. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. 3. Each Party shall provide that its competent authorities may initiate border measures ex officio with respect to imported, exported, or in-transit merchandise, without the need for a formal complaint from a private party or right holder. Such measures shall be used when there is a reason to believe or suspect that such merchandise is counterfeit or pirated.

Special Requirements Related to Border Measures. 6 For greater certainty, each Party may determine that reception includes viewing of the signal, whether private or commercial. 1. Each Party shall provide that any right holder initiating procedures for its competent authorities applications to suspend the release of of, or to detain, suspected counterfeit or confusingly similar trademark or pirated copyright goods that are imported into the territory of the Party.94 Footnote 94 For the purposes of this Article: (a) “counterfeit trademark goods” means goods, including packaging, bearing without authorization a trademark that is identical to the trademark validly registered in respect of those goods, or that cannot be distinguished in its essential aspects from such a trademark, and that thereby infringes the rights of the owner of the trademark in question under the law of the Party providing the procedures under this Section; and (b) “pirated copyright goods7goods” means goods that are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and that are made directly or indirectly from an article when the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party providing the procedures under this Section. 2. Each Party shall provide that a right holder, submitting an application referred to in paragraph 1, to initiate procedures for the Party’s competent authorities95 to suspend release into free circulation of, or to detain, suspected counterfeit or confusingly similar trademark or pirated copyright goods, is required to to: (a) provide adequate evidence to satisfy the competent authorities that, under the laws law of the country of importationParty providing the procedures, there is prima facie an infringement of the right holder's intellectual property right right; and to (b) supply sufficient information that may reasonably be expected to be within the right holder's ’s knowledge to make the suspected suspect goods reasonably recognizable by its competent authorities. The requirement to provide sufficient that information shall not unreasonably deter recourse to these procedures. 2. Where Footnote 95 For the competent authorities have made a determination that goods are counterfeit or piratedpurposes of this Article, a Party shall grant the competent authorities the authority to inform the right holder of the names and addresses of the consignorunless otherwise specified, the importer, and the consignee, and of the quantity of the goods in question. 3. Each Party shall provide that its competent authorities may initiate border measures ex officio with respect to importedinclude the appropriate judicial, exportedadministrative, or in-transit merchandise, without the need for law enforcement authorities under a formal complaint from a private party or right holderParty’s law. Such measures shall be used when there is a reason to believe or suspect that such merchandise is counterfeit or pirated.Article 1718: